Laissez-Faire Marriage

I think it’s time to restore freedom of contract to marriage. Why should 2 men, for example, be denied the same rights to contract as are allowed to a man and a woman? Far from ending civilization the extension of the bourgeoisie concept of contract ever further is the epitome of civilization. Our modern concept of marriage, for example, is simply one instantiation of the idea of contract. People will claim that this means a chaos of contracts for every form of marriage. This is wrong factually and also conceptually misguided. Factually, we already allow men and women to adjust the marriage contract as they see fit with pre-nuptials. Moreover, different states offer different marriage contracts with some offering more than one type. Partnerships of other kinds have access to all manner of contractual arrangements without insufferable problems. More importantly, the chaos of contracts argument is fundamentally misguided. The purpose of contract law is to give individual’s greater control over their lives. To make contract law a restraint on how people may govern themselves is a perversion of the social contract. To restrict people from accessing the tools of civilization on the basis of their sexual preference is baseless discrimination.

as usual, there are deeper, economic reasons behind some of the crap bible-thumpers are rallying behind.

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